Howlett v. Halpern

SCHOTT, Chief Judge.

Plaintiff was injured when he was struck by a backhoe machine operated by Ted Jordan. At the time, plaintiff was asleep on a mattress in a vacant lot being cleared by Jordan. A jury returned a verdict in plaintiffs favor against Jordan, TMH Corporation, its insurer, United States Fidelity & Guaranty Insurance Company (USF & G), and Mrs. Theone Halpern, the owner of the lot. On a motion for judgment not withstanding the verdict, the trial court dismissed plaintiffs suit against TMH, USF & G and Theone Halpern, and plaintiff has appealed. The issues are whether the record…